A. Record Search: Prior to the impoundment of any vehicle, the Village shall follow all pre-impoundment procedures mandated by the Vehicle Code, including performing a record search.
B. Notice: Not fewer than seven (7) days before the Village tows an abandoned or inoperable vehicle, the Police Chief shall cause personal delivery to the registered owner of the vehicle of a written "pre-tow notice", or shall mail the pre-tow notice by certified or registered mail, return receipt requested, to the address of the registered owner of the vehicle recorded with the Illinois Secretary of State, or, if the vehicle bears a registration number of a state other than Illinois, then at the address of the registered owner in that state's registry of motor vehicles. The issuance of a pre-tow notice will not apply to a vehicle which is subject to a ten (10) or twenty four (24) hour tow. The pre-tow notice shall provide the following information:
1. Requirement To Move And/Or Repair: A statement that, no later than seven (7) days after the pre-tow notice is delivered or mailed, the vehicle in question must be moved from its improper location to a proper and lawful location and/or repaired to a lawful condition.
2. Fine: A statement that if the vehicle is not moved and/or repaired within the seven (7) day period, then the registered owner or other responsible party shall be fined pursuant to section 6-8D-7 of this article.
3. Tow: A statement that if the vehicle is not moved and/or repaired within the seven (7) day period, then the vehicle may be towed and impounded pursuant to this article without further notice.
4. Description Of Vehicle: A description of the make, model, year, and color of the vehicle.
5. Registration And Plate Numbers: The vehicle's registration number, and the number and state of the license plates displayed on the vehicle.
6. Location And Condition: The location and condition of the vehicle that caused the Village to determine that the vehicle is abandoned and/or inoperable.
7. Owner Name And Address: The name and address of the registered owner of the vehicle.
8. Summary Of Procedures: A summary of the procedures set forth in this article relating to the towing and impoundment of abandoned and inoperable vehicles, and the right of the owner to appeal. (Ord. 2017-3-186, 3-20-2017)
C. Sticker: On or before the day on which the Village personally delivers or mails the pre-tow notice pursuant to subsection B of this section, the Village shall affix a "pre-tow sticker" in a conspicuous place on the vehicle in question. The pre-tow sticker shall prominently state the earliest date on which the Village would be authorized to tow the vehicle pursuant to this article and the address and telephone number of the Police Department. The pre-tow sticker also shall state that the unauthorized removal of the pre-tow sticker from the vehicle is prohibited and punishable by a fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 2017-3-186, 3-20-2017; amd. Ord. 2018-12-279, 12-3-2018)
D. Appeal: The registered owner of an abandoned or inoperable vehicle may challenge the validity of a pre-tow notice by prosecuting a pre-tow appeal pursuant to this section. A pre-tow appeal and hearing will not apply to a vehicle which is subject to a ten (10) or twenty four (24) hour tow.
1. Initiation Of Appeal: To initiate a pre-tow appeal, the registered owner of the vehicle in question shall deliver a "notice of pre-tow appeal" to the Police Chief no later than seven (7) days after the Village delivers or mails the pre-tow notice. The notice of pre-tow appeal shall state whether a pre- tow hearing is requested and shall state the general nature of the registered owner's defense.
2. Scheduling Hearing; Waiver: The Police Chief shall schedule, in consultation with the registered owner of the vehicle in question, a pre-tow hearing no later than three (3) days, excluding weekends and holidays, after the Police Chief receives the notice of pre-tow appeal pursuant to subsection D1 of this section, or on such later day as is mutually agreed by the parties. The registered owner shall be deemed to have waived the right to a pre-tow appeal if the registered owner fails to appear for the pre-tow hearing without prior notice of absence and good cause shown therefor.
3. Status Of Vehicle Pending Hearing: Pending final disposition of a pre-tow appeal, the vehicle in question shall not be towed except pursuant to the procedures of this article applicable to hazardous and unlawful vehicles.
4. Conduct Of Hearing Burden: The Police Chief may conduct the pre-tow hearing or may appoint a Hearing Officer to conduct the hearing. The Enforcement Officer responsible for the decision to tow the vehicle in question shall not serve as the Hearing Officer. The registered owner of the vehicle must appear in person at the hearing. To invalidate the pre-tow notice, the registered owner must submit evidence that conclusively demonstrates that the vehicle is not an abandoned or inoperable vehicle and is not otherwise subject to being towed pursuant to this article. The Police Chief or Hearing Officer shall have the authority to require the presence of the Enforcement Officer responsible for the proposed tow and any other Village personnel, and to request the presence of other witnesses at the hearing.
5. Decision: Based on the hearing record, the Police Chief shall issue a written decision: a) affirming the validity of the pre- tow notice and confirming that the vehicle in question is an inoperable or abandoned vehicle subject to towing pursuant to this article, or b) revoking the pre-tow notice. The Police Chief shall deliver a copy of the Police Chief's decision to the registered owner within forty eight (48) hours after the conclusion of the pre-tow hearing. The decision of the Police Chief on a pre-tow appeal shall be final.
6. Action If Affirmation: If the Police Chief affirms the validity of a pre-tow notice and confirms that the vehicle in question is inoperable or abandoned, then the Police Chief shall direct that the vehicle be towed; provided, however, that the vehicle shall not be towed if, within forty eight (48) hours after the Police Chief's decision, the registered owner or other responsible party causes the vehicle to be moved from the improper location to a proper and lawful location and/or causes the vehicle to be repaired to a lawful condition. If the vehicle is not moved and/or repaired within the forty eight (48) hour period, then the registered owner shall be fined pursuant to section 6-8D-7 of this article and the vehicle may be towed immediately and without further notice. If the vehicle is towed pursuant to this subsection D6, then the registered owner shall be liable for the towing and impoundment fees established pursuant to section 6-8D-13 of this article.
7. Action If Revocation: If the Police Chief revokes the pre-tow notice, then the Police Chief shall direct that the pre-tow sticker be removed and that the vehicle not be towed. The registered owner may display a copy of the Police Chief's decision in the vehicle. No vehicle about which such a decision has been rendered shall be towed by the Village unless the vehicle is otherwise subject to towing pursuant to this article.
8. No Determination Of Violation: A pre-tow appeal and hearing shall not be determinative of, and shall not be used or construed to adjudicate, any citation or violation of any Village ordinance relative to the vehicle in question.
9. No Appeal: If the registered owner of an abandoned or inoperable vehicle does not initiate a pre-tow appeal pursuant to subsection D1 of this section, then the vehicle may be towed without further notice, the right to a pre-tow appeal shall be deemed to have been waived, and the registered owner shall be subject to fine pursuant to section 6-8D-7 of this article.
10. Right To Post-Tow Appeal: If a pre-tow appeal is not initiated pursuant to subsection D1 of this section, the registered owner of the towed vehicle shall nevertheless have the right to a post-tow appeal pursuant to section 6-8D-11 of this article. (Ord. 2017-3-186, 3-20-2017)